SB 672 - HB 729
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 14, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 672 - HB 729
SUMMARY OF BILL: Increases, from a Class A misdemeanor to a Class E felony, the
penalty for the offense of obstructing a highway or other passageway. Enhances the penalty for
intentionally obstructing a highway, street, or other place used for the passage of vehicles or
conveyances, to a Class D felony.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$457,400
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years ($22,800)
Assumptions:
Class A Misdemeanor Penalty Increase
• Pursuant to Tenn. Code Ann. § 39-17-307(a)(1), it is a Class A misdemeanor offense for a
person who, without legal privilege, intentionally, knowingly or recklessly obstructs a
highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public,
or a substantial portion of the public, has access; or any other place used for the passage of
persons, vehicles or conveyances, whether the obstruction arises from the person's acts
alone or from the person's acts and the acts of others. The proposed legislation increases
the penalty, from a Class A misdemeanor to a Class E felony.
• Based on information provided by the Administrative Office of the Courts and the
Department of Correction Jail Summary Reports, there have been an average of 24.55
convictions in each of the last five years for the Class A misdemeanor offense of
obstructing a highway or other passageway.
• It is reasonably assumed 25 percent, or 6.14 (24.55 x 25.0%), of such Class A misdemeanor
convictions are for obstructing a sidewalk, railway, waterway, elevator, aisle, or hallway to
which the public, or a substantial portion of the public, has access; or any other place used
for the passage of persons, whether the obstruction arises from the person's acts alone or
from the person's acts and the acts of others and will be enhanced to a Class E felony under
this legislation.
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• The average time served for a Class E felony offense is 0.56 years after adjusting for pre-
trial jail credits.
• The proposed legislation will result in 6.14 admissions annually serving 0.56 years.
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
Increase in State Expenditures
Amount Fiscal Year
$ 75,200 FY25-26
$ 76,100 FY26-27
$ 77,000 FY27-28
New Class D Felony Enhancement
• The proposed legislation enhances the penalty for obstructing a highway or other
passageway if the defendant intentionally obstructs a highway, street, or other place used for
the passage of vehicles or conveyances, from a Class A misdemeanor to a Class D felony.
• This analysis assumes that 75 percent, or 18.41 admissions (24.55 x 75%), will receive an
enhanced penalty for the Class D felony offense of intentionally obstructing a highway,
street, or other place used for the passage of vehicles or conveyances under this legislation.
• The average time served for a Class D felony offense is 0.93 years after adjusting for pre-
trial jail credits.
• The proposed legislation will result in 18.41 admissions annually serving 0.93 years.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
Increase in State Expenditures
Amount Fiscal Year
$ 371,100 FY25-26
$ 375,800 FY26-27
$ 380,400 FY27-28
• Pursuant to Public Chapter 1007 of 2022, recurring costs increases are to be estimated on
the highest of the next three fiscal years; therefore, the recurring increase in incarceration
costs will be $457,400 ($77,000 + $380,400).
• It is assumed that an individual convicted of a Class A misdemeanor offense will spend an
average of 15 days in a local jail.
• Based on cost estimates provided by local government entities throughout the state and
reported bed capacity within such facilities, the weighted average cost per day to house an
inmate in a local jail facility is $61.99.
• The recurring mandatory decrease in expenditures to local governments is estimated to be
$22,828 (24.55 convictions x $61.99 x 15 days) in FY25-26 and subsequent years.
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• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
• All calculations used in completion of this fiscal note are available upon request.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director